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Is there any compulsion to responds court summons


27-Jun-2023 (In Divorce Law)
my in-law filled case of maintenance against us in other state. Is there any compulsion to responds court summons Is there any compulsion to attend hearing at that court
Answers (4)

Answer #1
942 votes
Yes it is necessary if you don't attend then the court will note your absence and will pass orders against you granting maintenance, if it is not possible appoint an advocate to attend at the first hearing, further course of action can be decided later. For more details you are free to contact me.
Answer #2
798 votes
Yes u have to respond to summons as it would affect you exparte order would be passed against u so u have to go to court through an advocate contest the case as they r residing in that place file strong objections and contest matter
Answer #3
901 votes
Yes. A case of maintenance, if filed under a central statute like Section 125 of the code of criminal procedure, does not have borders. The in-laws can file a case where they are residing, and you are required to appear in Court. In the event you don't, an ex parte order may be granted in their favour and that might be bad for you. You can also apply for transfer of the case to the place where you reside but several factors such as age, occupation, health of the parties is looked into before granting such transfer.
Answer #4
747 votes
Hi

This depends on the prayer which has been sought in the petition, if the in-laws are seeking maintenance from you, then it is advisable that your advocate be present before the court, else the court may initiate ex-parte order, which essentially means that the case would go ahead without your presence, whereby you may lose opportunity to represent any points which you may like the court to consider while delivering the final orders.

However if there is no direct or indirect prayer against you and you are added as a per forma party, only in that case you may chose not to attend the matter as there is no relief which has been sought from you or against you.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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